Commonwealth Consolidated Acts

SOCIAL SECURITY ACT 1991 - SECT 197

             (1)  In this Part, unless the contrary intention appears:

"Adult Disability Assessment Tool" has the meaning given by subsection 38C(3).

"care" includes attention and supervision.

"care receiver" has the meaning given by subsection 198(2).

"disabled adult" means a person aged 16 or more who:

                     (a)  has a physical, intellectual or psychiatric disability; and

                     (b)  is likely to suffer from that disability permanently or for an extended period.

"guardian" , in relation to a profoundly disabled child or a disabled child, means a person who has been granted guardianship of the child under a law of the Commonwealth, a State or a Territory.

"higher ADAT score adult" means a disabled adult who is a care receiver because paragraph 198(2)(a) applies.

"lower ADAT score adult" means a disabled adult who is a care receiver because paragraph 198(2)(d) applies.

"profoundly disabled child" has the meaning given by subsection (2), (2AA) or (2A).

             (2)  A child is a profoundly disabled child if:

                     (a)  the child has either:

                              (i)  a severe multiple disability; or

                             (ii)  a severe medical condition; and

                     (b)  the child, because of that disability or condition, needs continuous personal care for:

                              (i)  6 months or more; or

                             (ii)  if the child's condition is terminal and the child's life expectancy is less than 6 months--the remainder of the child's life; and

                     (c)  the child's disability or condition includes 3 or more of the following circumstances:

                              (i)  the child receives all food and fluids by nasogastric or percutaneous enterogastric tube;

                             (ii)  the child has a tracheostomy;

                            (iii)  the child must use a ventilator for at least 8 hours each day;

                            (iv)  the child:

                                        (A)  has faecal incontinence day and night; and

                                        (B)  if under 3 years of age, is expected to have faecal incontinence day and night at the age of 3;

                             (v)  the child:

                                        (A)  cannot stand without support; and

                                        (B)  if under 2 years of age, is expected to be unable to stand without support at the age of 2;

                            (vi)  a medical practitioner has certified in writing that the child has a terminal condition for which palliative care has replaced active treatment;

                           (vii)  the child:

                                        (A)  requires personal care on 2 or more occasions between 10 pm and 6 am each day; and

                                        (B)  if under 6 months of age, is expected to require care as described in sub-subparagraph (A) at the age of 6 months.

       (2AA)  A child is a profoundly disabled child if:

                     (a)  the child has either:

                              (i)  a severe intellectual, psychiatric or behavioural disability; or

                             (ii)  a severe intellectual, psychiatric or behavioural medical condition; and

                     (b)  the child, because of the disability or condition, needs continuous personal care for:

                              (i)  6 months or more; or

                             (ii)  if the child's condition is terminal and the child's life expectancy is less than 6 months--the remainder of the child's life; and

                     (c)  the child is at least 6, and under 16, years of age; and

                     (d)  because of the child's disability or condition, the child does one or more of the following:

                              (i)  repeatedly engages in dangerous behaviour that is, or that gives rise to, a significant risk (whether immediate or long‑term) to the child's health or safety and that, without carer intervention, would result in the child suffering sustained tissue or bodily damage, or death;

                             (ii)  repeatedly engages in aggressive or violent behaviour that is, or that gives rise to, a significant risk to the health or safety of others, or that results in significant property damage, as a result of which the child is regularly or permanently excluded from community programs, activities, services or facilities;

                            (iii)  repeatedly engages in severe sexually deviant or sexually inappropriate behaviour, as a result of which the child is regularly or permanently excluded from community programs, activities, services or facilities.

          (2A)  A child is a profoundly disabled child if a medical practitioner has certified in writing that:

                     (a)  the child:

                              (i)  has a terminal condition; and

                             (ii)  is in the advanced phase of that condition; and

                     (b)  either:

                              (i)  the child has a life expectancy measured in weeks or months; or

                             (ii)  it is possible that the child will live for more than 12 months but unlikely that he or she will live for a period substantially greater than 12 months; and

                     (c)  because of the condition referred to in paragraph (a), the child will need continuous personal care for the remainder of his or her life.

             (3)  A reference in this Part to a parent includes a reference to a guardian .